The practice of medicine is complicated and unpredictable. While not all medical errors result in medical malpractice, there are certain circumstances where the law holds doctors and medical professionals accountable. A medical professional has a “duty” to perform consistently with the prevailing standard of care in his or her field. Our law calls a failure of a professional’s duty a “breach.” If the breach results in harm, a medical malpractice claim may be pursued. Almost 98,000 people die from medical errors each year. If this is a problem that has affected you or a family member, the experienced lawyers at Warren & McGraw will work with you to protect your rights and get the compensation you deserve.
What Are Some Common Medical Malpractice Claims?
- medical negligence
- emergency room mistakes
- hospital malpractice
- hospital infections
- nursing care malpractice
- failure to diagnose
- surgical mistakes
- pharmaceutical errors
- birth injuries
- dental malpractice
- lack of informed consent
- wrongful death
This list is not exhaustive. If you are not sure if the facts of your situation lend themselves to a medical malpractice claim, please do not hesitate to contact the lawyers at Warren & McGraw, LLC.
What Types of Compensation Are Available For Medical Malpractice?
- Medical expenses
- Estimated future medical expenses
- Lost income
- Future lost income
- Compensation for pain and suffering
- Cost of living with an injury or disability
- Loss of ability to enjoy life’s pleasures
- Funeral expenses
Who Can I File a Medical Malpractice Claim Against?
Doctors are not the only people in the medical profession who make mistakes. Anyone who plays a role in your medical care can make a mistake that can be just as detrimental. Any doctor, nurse, technician, aid, member of a hospital or medical staff, and the hospital itself, may be held responsible for medical malpractice. Under Pennsylvania law, liability is joint and several, meaning each defendant is assigned an amount of liability based on his or her responsibility for the harm. However, a plaintiff may recover the full amount from any defendant.
How Do I Prove My Case?
In order to have a valid claim, the plaintiff must present expert testimony showing that the conduct of the medical professional falls below the accepted standard of care and the error caused the condition or increased the risk for future harm. Generally an expert must be an active member of the medical community practicing in the same or a similar field. A plaintiff need not provide expert testimony in situations where the matter is so simple and the lack of care is so obvious that it can be easily recognized by those outside the medical field.
What is the Time Limit for Filing?
Generally, the time for bringing a lawsuit is two years from the date you discover or should have discovered the injury. In cases involving the injury to a minor, the statute of limitations does not begin to run until the individual reaches 18 years old.